Article II, Section 1, Clause 6
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The National Archives marks part of this text as changed by Amendment XXV.
The Federalist and Federalist essays
- quoted bySuggestedA Native of Virginia, Article II, ¶ 12
In caſe of the removal of the Preſident from office, or of his death, reſignation, or inability to diſcharge the powers and duties of the ſaid office, the ſame ſhall devolve on the Vice-Preſident; and the Congreſs may by law provide for the caſe of removal, death, reſignation, or inability, both of the Preſident and Vice-Preſident, declaring what officer ſhall then •ct word•…
The paragraph prints Article II, Section 1, Clause 6 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.
- cited bySuggestedFederalist No. 68, ¶ 12
The other consideration is, that as the Vice-President may occasionally become a substitute for the President, in the supreme executive magistracy, all the reasons which recommend the mode of election prescribed for the one, apply with great if not with equal force to the manner of appointing the other.
Refers to the Vice-President's becoming "a substitute for the President, in the supreme executive magistracy," the case this clause provides for.
Anti-Federalist essays
- cited bySuggestedCato 4, ¶ 2
…are to hold their offices during the term of four years; the same article has marked the manner and time of their election, and established the qualifications of the president; it also provides against the removal, death, or inability of the president and vice-president — regulates the salary of the president, delineates his duties and powers; and, lastly, declares the causes for which the president and vice-president shall be removed from office.
In its summary of "the 2d article", the paragraph names the clause providing for the removal, death or inability of the president and vice-president.
- cited bySuggestedFederal Farmer 3, ¶ 6
The vice president is not a very important, if not an unnecessary part of the system — he may be a part of the senate at one period, and act as the supreme executive magistrate at another The election of this officer, as well as of the president of the United States seems to be properly secured ; but [19] when we examine the powers of the…
Says the vice president may "act as the supreme executive magistrate," naming the provision for the President's powers to devolve on the Vice President, which is this clause.
- cited bySuggestedFederal Farmer 4, ¶ 3
It is doubtful whether the vice-president is to have any qualifications ; none are mentioned ; but he may serve as president, and it may be inferred, he ought to be qualified therefore as the president ; but the qualifications of the president are required only of the person to be…
Says the vice-president "may serve as president," naming the provision for the office to devolve on the Vice President, which is this clause.
Other writings
- quoted bySuggestedVirginia convention, June 17, 1788, ¶ 91
“In case of removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.” The power of Congress is right and proper so far as it enables them to provide what officer shall act, in case both the President and Vice-President be dead…
The speaker quotes the provision beginning "In case of removal of the President from office, or of his death, resignation, or inability".
Debates in Congress
- quoted bySuggestedHouse, December 8, 1803, ¶ 9
Dbcbuhbb, 1 death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President."— Art.
The paragraph quotes what "the Constitution now" provides, "In case of the removal of the President from office, or his death, resignation, or inability ... the same shall devolve on the Vice President," citing "Art. 2, sec. 1."
- quoted bySuggestedHouse, April 13, 1965, ¶ 20
I direct your attention to article II: In case of the removal of the President from office, or at his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
The paragraph quotes Article II, Section 1, Clause 6.
- quoted bySuggestedHouse, April 13, 1965, ¶ 40
The Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and the Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed or a President shall be elected.
The paragraph quotes Article II, Section 1, Clause 6.
- quoted bySuggestedHouse, April 13, 1965, ¶ 137
In case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The paragraph quotes Article II, Section 1, Clause 6.
- quoted bySuggestedHouse, April 13, 1965, ¶ 220
…Removal of the President from Office, or at his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the s · same shall de · devolve on the Vice President , and the Congress may by Law provide for the case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer sha!ll act accordingly, until the Disability be removed, or a President shall be elected.
The paragraph quotes Article II, Section 1, Clause 6.
- quoted bySuggestedHouse, April 13, 1965, ¶ 224
They pointed to the "necessary and proper" clause and to the language in article II which reads that "the Congress may by Law provide for the Case of Removal, Death, Resignation, or Inability." But the remainder of that clause gave .
The paragraph quotes words of Article II, Section 1, Clause 6.
- quoted bySuggestedHouse, April 13, 1965, ¶ 296
In case of the removal of the President from office, or at his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by Law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
The paragraph quotes Article II, Section 1, Clause 6.
- quoted bySuggestedHouse, April 13, 1965, ¶ 384
…in so many words and was submitted to the Committee of Style, it was revised and reduced to the simplified statement that we have now: "In the case of removal, death, resignation, or inability to discharge the powers and duties of the office, the same shall devolve upon the Vice President," and that is the way it has remained ever since.
The paragraph quotes words of Article II, Section 1, Clause 6.
- quoted bySuggestedHouse, April 13, 1965, ¶ 392
The Constitution, as we know, already provides, with respect to the Presidency, that "in the case of removal, death, resignation, or inability to disc h a r ge the powers and duties of the office the same shall devolve upon the Vice P r es i dent One would think that language…
The paragraph quotes words of Article II, Section 1, Clause 6.
- quoted bySuggestedHouse, April 13, 1965, ¶ 554
In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President.
The paragraph quotes Article II, Section 1, Clause 6.
- cited bySuggestedHouse, April 13, 1965, ¶ 7
Article II, section 1, clause 5, of the Constitution of the United States contains provisions relating to the continuity of the executive power at times of dea t h, resignation, inability, or removal of a President.
The paragraph cites by number the clause of Article II, Section 1 on the removal, death, resignation or inability of the President; it calls it the fifth clause, which this edition numbers as Clause 6.
- cited bySuggestedHouse, April 13, 1965, ¶ 136
Article II, section 1, clause 5, of the U.S. Constitution reads:
The paragraph cites by number the clause of Article II, Section 1 on the removal, death, resignation or inability of the President; it calls it the fifth clause, which this edition numbers as Clause 6.
- cited bySuggestedHouse, April 13, 1965, ¶ 219
The difference of opinion arises from the language of article II, section 1, clause 5, which reads as follows:
The paragraph cites by number the clause of Article II, Section 1 on the removal, death, resignation or inability of the President; it calls it the fifth clause, which this edition numbers as Clause 6.
- cited bySuggestedHouse, April 13, 1965, ¶ 295
The language of article II, section 1, clause 5, which appears on page 4 of the report is very clear to me when it says:
The paragraph cites by number the clause of Article II, Section 1 on the removal, death, resignation or inability of the President; it calls it the fifth clause, which this edition numbers as Clause 6.
- cited bySuggestedHouse, April 13, 1965, ¶ 345
I believe that there is constitutional authority in Congress to deal with this problem through statute based upon the wording of the provisions of clause 5, section 1, article II of the Constitution.
The paragraph cites by number the clause of Article II, Section 1 on the removal, death, resignation or inability of the President; it calls it the fifth clause, which this edition numbers as Clause 6.
- cited bySuggestedHouse, April 13, 1965, ¶ 470
The gentleman has reference to the language in article II, section 1, clause 5.
The paragraph cites by number the clause of Article II, Section 1 on the removal, death, resignation or inability of the President; it calls it the fifth clause, which this edition numbers as Clause 6.
- cited bySuggestedHouse, April 13, 1965, ¶ 504
We, as Members of Congress, and those who have preceded us here, have not exercised all of the authority that we could have exercised under article II, section 1, clause 5, which has been read here several times.
The paragraph cites by number the clause of Article II, Section 1 on the removal, death, resignation or inability of the President; it calls it the fifth clause, which this edition numbers as Clause 6.
- cited bySuggestedHouse, April 13, 1965, ¶ 507
Even during the debates at the Constitutional Convention, the lack of clarity of article II, section 1, clause 5 was apparent.
The paragraph cites by number the clause of Article II, Section 1 on the removal, death, resignation or inability of the President; it calls it the fifth clause, which this edition numbers as Clause 6.
- cited bySuggestedHouse, April 13, 1965, ¶ 716
Chairman, the answer to the question is that the Constitution itself; namely, article II, section 1, clause 5, states that the Congress
The paragraph cites by number the clause of Article II, Section 1 on the removal, death, resignation or inability of the President; it calls it the fifth clause, which this edition numbers as Clause 6.
- cited bySuggestedHouse, April 13, 1965, ¶ 553
The fifth paragraph under section 1 of article II in the Constitution reads, in -part:
The paragraph cites by number the clause of Article II, Section 1 on the removal, death, resignation or inability of the President; it calls it the fifth clause, which this edition numbers as Clause 6.
- cited bySuggestedHouse, April 13, 1965, ¶ 39
The Constitution itself says that:
Speaking of presidential disability, the paragraph introduces what the Constitution says, quoted in the next paragraph from Article II, Section 1, Clause 6.
- cited bySuggestedHouse, April 13, 1965, ¶ 222
Death and inability both are treated in the same clause of the Constitution.
The paragraph names the clause of the Constitution treating the President's death and inability, which is Article II, Section 1, Clause 6.
- quoted bySuggestedSenate, December 2, 1803, ¶ 29
By a provision in the first section of the second article of the Constitution, "in case of the removal of the President ' from office, or of his death, resignation or inabil- ' ity to discharge the powers and duties of the said ' office, the same shall devolve on the Vice Presi- ' dent" — and he is Constitutionally the President.
The paragraph quotes "a provision in the first section of the second article of the Constitution," that "in case of the removal of the President from office, or of his death, resignation or inability ... the same shall devolve on the Vice President."
- cited bySuggestedSenate, January 6, 1932 (2), ¶ 18
The present Constitution gives power to Congress to provide who shall act as President when there :is a vacancy both in the President's office and the Vice President's office caused by death, removal, or resignation, but there is no provision in the present Constitution that gives to Congress or any other authority the power to select an acting President in cases where the ·…
The paragraph names the power the Constitution gives Congress to provide who shall act as President when both the President's and the Vice President's offices are vacant, which is Article II, Section 1, Clause 6.
- quoted bySuggestedSenate, March 12, 1947 (3), ¶ 205
vide for the case of removal,- death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall · act accordingly, until the disability be removed : or a President shall be elected.
The printed excerpt cites Article II, section 1, and quotes the succession clause, Clause 6; this run of words is the clause's own.
- cited bySuggestedSenate, January 27, 1960, ¶ 33
Both the Constitution and Federal statutes provide a long line of succession to the office of Chief Executive.
The paragraph names the provision of the Constitution for succession to the office of President, which is Article II, Section 1, Clause 6.
- quoted bySuggestedSenate, February 19, 1965 (3), ¶ 57
In case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The paragraph quotes Article II, Section 1, Clause 6.
- quoted bySuggestedSenate, February 19, 1965 (3), ¶ 128
In case ' of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President-
The paragraph quotes Article II, Section 1, Clause 6.
- quoted bySuggestedSenate, February 19, 1965 (3), ¶ 130
Continuing to read from article IIand the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
The paragraph quotes Article II, Section 1, Clause 6.
- quoted bySuggestedSenate, February 19, 1965 (3), ¶ 134
In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolveWhat did our Constitutional Fathers mean when they used the word "same"?
The paragraph quotes Article II, Section 1, Clause 6.
- quoted bySuggestedSenate, February 19, 1965 (3), ¶ 137
The last part of the article states: "declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected."
The paragraph quotes Article II, Section 1, Clause 6.
- quoted bySuggestedSenate, February 19, 1965 (3), ¶ 141
In part, the section states, "and the Congress may by law provide !or the case of removal, death, resignation, or inability, both of the President and Vice President.”
The paragraph quotes words of Article II, Section 1, Clause 6.
- cited bySuggestedSenate, February 19, 1965 (3), ¶ 119
Article II of the Constitution gives to the Congress some rights to determine who shall succeed the President.
The paragraph names the provision of Article II giving Congress power to determine succession to the President, which is Article II, Section 1, Clause 6.
- cited bySuggestedSenate, February 19, 1965 (3), ¶ 56
The clause reads as follows:
The paragraph introduces the succession clause of Article II, Section 1, quoted in the next paragraph.
- quoted bySuggestedSenate, February 19, 1965 (5), ¶ 648
In other words, they must surely have interpreted clause 5, to which the Senator refers, reading "Congress may by law provide for the case of the removal, death, resignation, or inability both of the President and of the Vice President,” to mean that that was a limitation on the Congress and that both of those contingencies had to come to pass before it could enact legislation.
The paragraph quotes words of Article II, Section 1, Clause 6.
- quoted bySuggestedSenate, July 6, 1965, ¶ 63
In case of the removal or' the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
The paragraph quotes Article II, Section 1, Clause 6.
- cited bySuggestedSenate, July 6, 1965, ¶ 62
· Paragraph 6, section 1, of article II of the Constitution gives Congress power to legislate in the area of presidential disability and of succession of a Vice President.
The paragraph cites paragraph 6, section 1 of article II of the Constitution by number and introduces its text, quoted in the next paragraph.
On Article II as a whole
- cited bySuggestedMassachusetts convention, January 28, 1788, ¶ 1
- cited bySuggestedNew York convention, July 4, 1788, ¶ 1
On Article II, Section 1 as a whole
- cited bySuggestedHouse, April 13, 1965, ¶ 327
- cited bySuggestedSenate, June 12, 1911, ¶ 106
- cited bySuggestedSenate, March 15, 1962 (3), ¶ 250
- cited bySuggestedSenate, March 19, 1962, ¶ 428
- cited bySuggestedSenate, March 22, 1962, ¶ 13
- cited bySuggestedSenate, March 22, 1962, ¶ 38
- cited bySuggestedSenate, March 22, 1962, ¶ 77
- cited bySuggestedSenate, March 22, 1962, ¶ 305
- cited bySuggestedSenate, March 22, 1962, ¶ 352
- cited bySuggestedSenate, March 22, 1962, ¶ 354
- cited bySuggestedSenate, March 23, 1962, ¶ 263
- cited bySuggestedSenate, March 23, 1962 (2), ¶ 200
- cited bySuggestedSenate, March 23, 1962 (2), ¶ 201
- cited bySuggestedSenate, March 23, 1962 (4), ¶ 13
- cited bySuggestedSenate, March 23, 1962 (4), ¶ 22
- cited bySuggestedSenate, March 23, 1962 (4), ¶ 25
- cited bySuggestedSenate, March 24, 1962 (2), ¶ 451
- cited bySuggestedSenate, March 27, 1962 (3), ¶ 111
- cited bySuggestedSenate, February 19, 1965 (3), ¶ 50
- cited bySuggestedSenate, February 19, 1965 (3), ¶ 51
- cited bySuggestedSenate, February 19, 1965 (3), ¶ 133
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 164
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 647
- cited bySuggestedNorth Carolina convention, July 26, 1788, ¶ 81
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